Apple to appeal after losing trademark case in China
Updated: 2016-05-05 11:17
By LIA ZHU in San Francisco(chinadaily.com.cn)
|
|||||||||
Apple Inc will appeal a trademark ruling to China's Supreme Court after it lost a four-year fight against a Beijing leather-products maker.
The Beijing Municipal High People's Court recently ruled in favor of Xintong Tiandi Technology (Beijing) Ltd, which sells a number of leather products such as smartphone cases and handbags under the name "IPHONE", according to The Legal Daily, a Chinese state-run newspaper.
"Apple is disappointed the Beijing Higher People's Court chose to allow Xintong to use the IPHONE mark for leather goods when we have prevailed in several other cases against Xintong," Josh Rosenstock, Apple spokesman, told China Daily in an e-mail. "We intend to request a retrial with the Supreme People's Court and will continue to vigorously protect our trademark rights.
"We work hard to make the best products in the world and want to ensure our customers' experience is not compromised by companies who try to profit from using our brand," he said.
The ruling was applauded by Xintong. In a statement posted on its website, the Chinese firm said, "From now on, ‘iphone' is not only a smartphone! From now on, ‘iphone' does not belong to Apple exclusively! This ruling means that the intellectual property of ‘iphone' has been granted market freedom."
According to The Legal Daily report last week, Apple applied for the iPhone trademark under international trademark class 9 (electrical and scientific apparatus) in China in 2002, but it wasn't granted until 2013.
Xintong Tiandi filed for its IPHONE trademark in China in 2007 under international trademark class 18, which is leather goods. In the same year, Apple launched its first iPhone in the United States.
In order to obtain exclusivity on the iPhone trademark in China, Apple first took the case to the Chinese trademark authority in 2012, but it failed as the agency claimed Apple couldn't prove iPhone was a well-known brand in China prior to Xintong Tiandi's registration in 2007.
Apple then filed a lawsuit in a Beijing court. However, the court ruled against the California company, and Apple appealed to the Beijing Municipal High People's Court. The high court upheld the lower court's ruling, saying that the company didn't sell the iPhone on the Chinese mainland until 2009.
Apple's latest quarterly earnings showed a 13 percent drop in revenue as sales of iPhones slipped. China was a particularly weak spot as sales in China fell 26 percent to $12.49 billion.
"The failure of the trademark fight would not have a great impact on Apple's brand and image but it might confuse consumers as they don't know whether these products are made by Apple or some producers (copying) Apple's name when they are buying leather products embossed with the ‘IPHONE' brand," said James Yan, a Beijing-based analyst at Counterpoint Technology Market Research.
Zhu Dalin, an analyst at Beijing-based Internet consultancy Analysys International, said the influence of Xintong Tiandi is minor and wouldn't pose a threat to Apple anyway.
liazhu@chinadailyusa.com
- Rousseff: Accusations against her 'untruthful'
- Almost one-sixth of Brazil's confirmed microcephaly cases linked to Zika
- Impeachment trial against Rousseff recommended to senate
- With nomination secured, Trump to aim all guns at Hillary Clinton
- Obama sips Flint water, urges children be tested for lead
- Massive protests against Abe mark Japan's Constitution Memorial Day
- Raging wildfire spreads to more areas in west Canada
- World's first rose museum to open in Beijing
- Teapot craftsman makes innovation, passes down techniques
- Top 8 iOS apps recommend for mothers
- Five things you may not know about the Start of Summer
- Art imagines celebrities as seniors
- Japanese animator Miyazaki's shop a big hit in Shanghai
- Star Wars Day celebrated around world
Most Viewed
Editor's Picks
Anti-graft campaign targets poverty relief |
Cherry blossom signal arrival of spring |
In pictures: Destroying fake and shoddy products |
China's southernmost city to plant 500,000 trees |
Cavers make rare finds in Guangxi expedition |
Cutting hair for Longtaitou Festival |
Today's Top News
Liang avoids jail in shooting death
China's finance minister addresses ratings downgrade
Duke alumni visit Chinese Embassy
Marriott unlikely to top Anbang offer for Starwood: Observers
Chinese biopharma debuts on Nasdaq
What ends Jeb Bush's White House hopes
Investigation for Nicolas's campaign
Will US-ASEAN meeting be good for region?
US Weekly
Geared to go |
The place to be |